Welcome back to Divorce at Altitude! After a brief hiatus, hosts Ryan Kalamaya and Amy Goscha return to discuss a frequently debated topic in divorce: separate property. They explore what constitutes separate property, how it’s treated in Colorado, and the nuances involved in tracing its value.

Episode Highlights:

• Introduction to Separate Property: Ryan and Amy explain the difference between marital and separate property in Colorado, noting that separate property (acquired before marriage or through gifts/inheritance) can appreciate during marriage, potentially becoming marital property.
• Burford vs. Powell Approaches: They discuss two legal frameworks for calculating appreciation in separate property: the Burford approach, which traces every financial transaction, and the simplified entity-based Powell approach.
• Types of Assets: The hosts examine various asset classes, such as real estate, retirement accounts, brokerage accounts, trust interests, and business interests, explaining how separate and marital property are treated differently.
• Challenges of Documentation: Ryan and Amy stress the importance of financial records in proving the value of separate property at marriage, including bank statements, appraisals, tax returns, and inheritance documents like wills and trust records.

Key Discussions:

• Complexities in Divorce: They explain the challenges of proving separate property, especially when accounts are commingled or involve complex assets like businesses and trusts.
• Real Estate vs. Retirement Accounts: Real estate is easier to trace, while retirement accounts pose challenges due to marital contributions and market appreciation.
• Importance of Documentation: The episode highlights the need for accurate records of gifts, inheritances, and business interests to support separate property claims in divorce.

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What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.